[Congressional Record Volume 168, Number 92 (Thursday, May 26, 2022)]
[Senate]
[Pages S2745-S2746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARMS SALES NOTIFICATION
Mr. MENENDEZ. Mr. President, section 36(b) of the Arms Export Control
Act requires that Congress receive prior notification of certain
proposed arms sales as defined by that statute. Upon such notification,
the Congress has 30 calendar days during which the sale may be
reviewed. The provision stipulates that, in the Senate, the
notification of proposed sales shall be sent to the chairman of the
Senate Foreign Relations Committee.
In keeping with the committee's intention to see that relevant
information is available to the full Senate, I ask unanimous consent to
have printed in the Record the notifications which have been received.
If the cover letter references a classified annex, then such annex is
available to all Senators in the office of the Foreign Relations
Committee, room SD-423.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Defense Security
Cooperation Agency,
Arlington, VA., May 26, 2022.
Hon. Robert Menendez,
Chairman, Committee on Foreign Relations,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: Pursuant to the reporting requirements
of Section 36(b)(l) of the Arms Export Control Act, as
amended, we are forwarding herewith Transmittal No. 22-25,
concerning the Navy's proposed Letter(s) of Offer and
Acceptance to the Government of the Netherlands for defense
articles and services estimated to cost $117 million. After
this letter is delivered to your office, we plan to issue a
news release to notify the public of this proposed sale.
Sincerely,
James A. Hursch,
Director.
Enclosures.
Transmittal No. 22-25
Notice of Proposed Issuance of Letter of Offer and Acceptance
Pursuant to Section 36(b)(1) of the Arms Export Control
Act, as amended
(i) Prospective Purchaser: Government of the Netherlands.
(ii) Total Estimated Value:
Major Defense Equipment * $104.6 million.
Other $12.4 million.
Total $117.0 million.
(iii) Description and Quantity or Quantities of Articles or
Services under Consideration for Purchase: Foreign Military
Sales (FMS) case NE-P-AGJ, was below congressional
notification threshold at $16.8 million ($15.3 million in
MDE) and included twenty-three (23) AIM-9X Block II Tactical
Missiles. The Government of the Netherlands has requested the
case be amended to include an additional fifty (50) AIM-9X
Block II Tactical Missiles and requested a new FMS case for
twenty-two (22) AIM-9X Block II Tactical Missiles; forty-
three (43) AIM-9X Block II+ Tactical Missiles; and one (1)
AIM-9X Block II+ Tactical Guidance Unit. This case amendment
and new FMS case will increase the total case values above
the MDE notification threshold and thus require notification
of the entirety of the FMS cases.
Major Defense Equipment (MDE):
Ninety-five (95) AIM-9X Block II Tactical Missiles.
Forty-three (43) AIM-9X Block II+ Tactical Missiles.
One (1) AIM-9X Block II+ Tactical Guidance Unit.
Non-MDE: Also included are containers; classified and
unclassified software; U.S. Government and contractor
technical assistance; and other related elements of
logistical and program support.
(iv) Military Department: Navy (NE-P-AGM, NE-P-AGJ).
(v) Prior Related Cases, if any: NE-P-AGE.
(vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed
to be Paid: None.
(vii) Sensitivity of Technology Contained in the Defense
Article or Defense Services Proposed to be Sold: See Attached
Annex.
(viii) Date Report Delivered to Congress: May 26, 2022
* As defined in Section 47(6) of the Arms Export Control
Act.
POLICY JUSTIFICATION
The Netherlands--AIM-9X Block II Missiles
The Government of the Netherlands has requested to buy
seventy-two (72) AIM-9X Block II Tactical Missiles; and
forty-three (43) AIM-9X Block II+ Tactical Missiles that will
be added to a previously implemented case. The original FMS
case, valued at $16.8 million, included twenty-three (23)
AIM-9X Block II Tactical Missiles. The Netherlands has also
requested a new FMS case for twenty-two (22) AIM-9X Block II
Tactical Missiles; forty-three (43) AIM-9X Block II+ Tactical
Missiles; and one (1) AIM-9X Block II+ Tactical Guidance
Unit. Therefore, this notification is for a total of ninety-
five (95) AIM-9X Block II Tactical Missiles; forty-three (43)
AIM-9X Block II+ Tactical Missiles; and one (1) AIM-9X Block
II+ Tactical Guidance Unit. Also included are containers;
classified and unclassified software; U.S. Government and
contractor technical assistance; and other related elements
of logistical and program support. The total estimated cost
is $117 million.
This proposed sale will support the foreign policy and
national security objectives of the United States by helping
to improve the security of a NATO ally that is an important
force for political stability and economic progress in
Europe.
The proposed sale will enable the Royal Netherlands Air
Force (RNAF) to provide stronger support for the Netherlands'
air defense needs. This proposed sale of AIM-9X missiles will
improve the RNAF's capability to conduct self-defense and
regional security missions, enhancing interoperability with
the U.S. and other NATO members. The Netherlands will have no
difficulty absorbing these missiles into its armed forces.
The proposed sale of this equipment and support will not
alter the basic military balance in the region.
[[Page S2746]]
The principal contractor will be Raytheon Missiles and
Defense, Tucson, AZ. There are no known offset agreements
proposed in connection with this potential sale.
Implementation of this sale will not require the assignment
of any U.S. Government or contractor representatives to the
Netherlands.
There will be no adverse impact on U.S. defense readiness
as a result of this proposed sale.
Transmittal No. 22-25
Notice of Proposed Issuance of Letter of Offer and Acceptance
Pursuant to Section 36(b)(l) of the Arms Export Control
Act
Annex Item No. vii
(vii) Sensitivity of Technology:
1. The AIM-9X Block II and Block II+ (Plus) Missile
(including the Guidance Unit) replaces the AIM-9X Block I
Missile configuration. The missile includes a high off-
boresight seeker, enhanced countermeasure rejection
capability, low drag/high angle of attack airframe and the
ability to integrate the Helmet Mounted Cueing System. The
software algorithms are the most sensitive portion of the
AIM-9X missile. The software continues to be modified via a
pre-planned product improvement (P3I) program in order to
improve its counter-countermeasure capabilities. No software
source code or algorithms will be released.
2. The highest level of classification of defense articles,
components and services included in this potential sale is
SECRET.
3. In a technologically advanced adversary were to obtain
knowledge of the specific hardware and software elements, the
information could be used to develop countermeasures that
might reduce weapon system effectiveness or be used in the
development of a system with similar or advanced
capabilities.
4. A determination has been made that the Netherlands can
provide substantially the same degree of protection for the
sensitive technology being released as the U.S. Government.
This sale is necessary in furtherance of the U.S. foreign
policy and national security objectives outlined in the
Policy Justification.
5. All defense articles and services listed in this
transmittal have been authorized for release and export to
the Government of the Netherlands.
____________________